Applying as a PBS Dependant or Spouse

[linhlinh]

Hi everyone,

I have been thinking about whether to apply as a PBS dependant or Spouse given my situation so I thought you could help me out a bit. Apologies in advance as this is a long post (the longest I've ever posted!).
Summary of my case:
- I am on Tier 2 (general) but was made redundant in July so I have been been waiting for the curtailment letter since. I haven't changed my address for the last 5 years so I'm sure the HO should have it. My visa expires beginning of 2022.
- My partner is also on Tier 2 (general) expiring Oct 2021. He has now been qualified to apply for ILR via the 5-year route but yet to apply.
- Our initial plan was for me to apply as a PBS dependant and my partner will apply for PR once I receive my visa. However, I've heard of delays in visa application over the summer until now. Given my partner will be switching jobs in the next few months (no visa sponsor), we are considering the other option which is my partner applying for PR first and me applying for spouse visa later. To be fair, we can save time and money if I apply as a spouse (only 2 renewals needed) but of course it is risky as I might have to leave the country if the curtailment letter arrives. We have considered this and accepted the risk.

Questions:
1. For those who have recently sent off your application either as a PBS dependant or for ILR, how is your experience in terms of waiting time? Is there currently a huge delay for both categories or whether an application for PBS dependent visa will be quicker than for ILR?
2. If I apply as a PBS dependant visa now, can I start working immediately after sending off the application or I would need to wait for the decision letter and/or BRP card to arrive?
3. If my partner goes ahead with his PR application and *touch wood* everything goes well, can I send off my application for spouse visa right after he receives the decision letter without having to wait for the BRP card to arrive? I've read through some of the posts and it could take ages to receive the card.
4. I understand this will be my call but do you think it's worth taking the risk and wait till my partner's got his PR? In the meantime, I could continue looking for Tier 2 sponsors. I have a feel that if HO delays are actually going to be really bad, by the time I got my dependent visa (6 months+ for eg.), I would have needed to start another application for renewal.
5. If unfortunately I have to leave the country before my partner's got his PR, is the marriage certificate issued in the UK sufficient for official evidence of the marriage? Do we need to provide evidence of a legal marriage in our home country as well?

Many thanks in advance for your input!

[CR001]

1. There are delays across all visa and ilr applications.

2. No you cannot work. You are only permitted to work for your tier 2 sponsor unless you have been granted another category visa. While an application is pending, your existing tier 2 general visa conditions continue.

3. You can apply at any time if you meet the requirements once your partner has ilr. You need the brp card for the FLR M form.

4. Anonymous members on a forum can't tell you what is best for you and your circumstances. You need to decide what is best for you.

5. UK cert is sufficient.

You are hopefully aware that by waiting to decide what to do, the IHS fees have increased today, so any visa you apply for now will cost a lot more.

uk-tier-2-employer-sponsored-visas/swit ... l#p1933364

indefinite-leave-to-remain/continuous-p ... l#p1949319

[linhlinh]

Thanks for your reply and the information on the IHS fees. I will look into it and make a decision. Appreciate your help!